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Mortgage Lending

Mortgage Lending

Loan Origination, Preemption, and Litigation


Dramatic Changes Concerning Mortgage Lending and Federal Preemption

  • New underwriting standards, automated valuation, and ability-to-repay requirements
  • Changes to uniform residential loan applications
  • Reverse mortgages, land installment contracts, HELOCs, home equity sharing, and other non-traditional mortgages
  • New RESPA requirements and VA limits on points and other charges
  • Restrictions on loan steering, mortgage broker practices and compensation
  • Title insurance, private mortgage insurance, attorney fees, new rules for appraisers
  • Regulation of interest rates, balloon payments, prepayment penalties, and negative amortization
  • New limits on federal preemption of state credit and mortgage laws
  • Survey of all applicable federal and state laws

Highly Practical; Invaluable Litigation Tips

  • Gathering and analyzing key documents
  • Third-party liability and 10 limits on the holder-in-due-course defense, including application to electronic notes
  • State-by-state analysis of state law regulating land installment contracts and reverse mortgages
  • Federal court standing for RESPA claims after Spokeo and Ramirez
  • 50-state analysis of standing requirements in state courts
  • Restrictions on arbitration requirements in mortgage litigation
  • Suing failed banks



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2024 4th ed.

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